NOTICE OF PUBLIC HEARING

NOTICE OF PUBLIC HEARING

Pursuant to Section 15.1-431 ot the Code ot Virginia, 1950, as amended, notice is hereby given that the town council of Washington. Virginia, will hold a public hearing on August 3, 1983 at 7:30 p.m. at the Rappahannock County Court House, Washington, Virginia, on the tollowing ! ordinance:

An Ordinance to grant to Potomac l rtison Power Company its successors or assigns the ! right tor the term and upon the contitions herein stated to occupy and use the streets avenues. • alleys, parks and other public places ot the Town ot Washington, Virginia, and to acquire, erect! ' reconstruct, maintain and use. and it now constructed to reconstruct, maintain and use. poles! ■ wires, CATV and telephone lines and appliances over and along and to acquire, construct! maintain and use. and it now constructed to recontrucl. maintain and use, conduits or subways! ! including necessary manholes and to run cables and wires in. under and along the streets, ave nues, alleys, parks and other public places ot tl.it; town ot Washington tor the purpose ot dis ! tributmg and transmitting electric current tor light, heat, and power and to supply and sell I electric current for light, heat and power to any point within the corporate limits ot the Town ot Washington, as the same now exists or may hereafter her extended or altered

BE IT ORDAINED BY THE COUNCIL OF THL I OWN OF WASHING ION

Section 1 That the right is hereby granted unto Potomac Edison Power Company here matter referred to as the "Grantee, its successors and assigns lor ttre term and subject to the conditions and limitations hereinafter stated, to occupy and use the streets, avenues, alleys, parks, and other public places of the Town ol Washington, and to acquire, erect, reconstruct! maintain and use, if now constructed to reconstruct, maintain and use poles, wires, CATV, and telephone lines and appliances over and along, to acquire, construct, maintain and use. and it now constructed to reconstruct, maintain and use. conduits ot subways, including necessary manholes and to run cables and wires in and undei and along the streets, avenues, alleys, parks and other public places of the Town of Washington, for the purpose of distributing and transmitting electric current for light, heat and power and to supply and sell electric current tor light, heat and power at any point within the corporate limits of the Town ot Washington, as the same now exists or may hereafter be extended or altered Such poles, wires, CATV and tele phone lines and appliances described herein shall be limited to providing power arid ottier services for distribution within the immediate service area

Section 2 From and after the date on which this ordinance shall become effective, the poles and other structures in, under and along the streets, avenues, alleys, parks and other public places of the Town of Washington authorised by this ordinance to be located and constructed, shall be located at reasonably suitable and convenient points, and permits for the lo cation of said poles and other structures may from time to time, on application of the grantee, be issued by the Mayor or other proper administrative officer of the Town When plans showing the location of such poles or structures as aforesaid, shall have been jjresented to the Town and permits issued for the same, said plans shall be effective and binding to the same extent as if they were set out fully and at lengtti in this ordinance However, the Town of Washington is bound by this ordinance to give the grantee a permit for some reasonable and practical loca tion for each pole and other structure that is required in order that the grantee may meet and discharge its duties as a public service corporation

Section 3 In the location and erection of the poles, conduits and ottier structures and fixtures and in stringing Hie wires as herein authorised the said grantee shall upon the granting ot permission therefor by the Mayor ot the Town of Washington, which permission shall not be un reasonably withheld, have the right to trim, cut arid keep clear ot its wires and fixtures Ihe frees in and along the streets, avenues, alleys, parks and other public places ol the Town of Washington, but shall not cut or otherwise injure said trees lo any greater extent than is reasonably necessary in the construction, reconstruction, maintenance and operation of the said poles, wires, fixtures and other structures of the said grantee as herein authorized and provided

Section 4 Overhead wires are to be used for transmitting electric current. CATV and telephone communcations under this franchise but Ihe grantee shall have the right to install underground conduits in the streets, avenues, alleys, parks and ottier public jilaces of the Town of Washington for the purpose of distributing and transmitting electric current for light, heat and power, or for transmitting CATV and telephone communications and to supply and sell electric current for light, heat and power at any point within the corporate limits of the Town ot Washing ton

Section 5 In Hie event that grantee shall, in the construction or repair ot its works, irgure any sewer, water or other pipe or works belonging to Hie I own or other utility, it shall, upon notice thereof from the mayor or other designated official promptly repair the same at its own cost and experise Any conduits, ducts, mains arid pijies winch shall tie laid by Ihe said grantee, under this ordinance, shall be so laid as not to unnocessaiily obstruct or interfere with public travel or do damage to public or private property

Section 6 The said grantee shall when so requested by the Council of the Town of Washington, permit its poles and other permitted structures to be used without compensation by said Town of Washington for ttie purpose of placing thereon any tire or police alarm telegraph or telephone wires which may be necessary for Hie exclusive use of the police or tire department of the Town of Washington, provided that such use by the Town of Washington shall riot inter fere with the proper use of said poles, structures arid fixtures by the said grantee, and that the location and character of said wires and fixtures of the Town of Washington shall be subject to the approval of the grantee herein and provided further that Hie said Town ot Washington shall, and it hereby agrees to indemnify and save harmless the said grantee from any and all loss, damage, cost or expense to, or which may be incurred by said grantee or to which it may be subjected toy reason of or as a result of the use of said poles and structures fry the Town ot Washington as in this section provided

Section 7 T fie said grantee agrees arid binds itself by Hie acceptance of this ordinance, to idemmfy, keep and hold Hie Town of Washington free and harmless from liability on account of injury or damage to person or properly growing out of the construction reconstruction, irri provement, maintenance, repair and operation of its lines or works but nothing herein corr tained shall be construed to render said grantee liable for the negligence of the lowri of Washington its agents or employees, or any oilier person or corporation

Section 8 The rights and privileges herein set forth are granted and coriferrerl upon Ihe said grantee, upon the express condition and understanding on Ihe part of the said grantee that it will render to the public in the Town of Washington within the territory served by the said grantee, at all times during the teun of this ordinance an efficient light and power service at reasonable rates, and that it will maintain its jirojjerties works and structures located within the Town of Washington iri good order throughout the term of this grant and tfie said grantee by accepting this ordinance expressly agrees that the State Corjjoratiori Commission of Virginia shall have jurisdiction to the full extent and m the manner now or hereafter during the life of this ordinance provided by law to require the said grantee 'o render ari efficient service at reasonable rates, and to maintain its property in good order throughout the term of this grant arid to otherwise enforce the provisions ot this section to the full extent provided by law

Section 9 Any person who shall maliciously or wrongfully tamper or interfere with, cut, in jure or destroy any of the poles, wires fixtures or any property of said grantee constructed and maintained in accordance with Hie provisions of this ordinance within the corporate limits of Ihe Town of Washington shall on conviction thereof be fined not less than ten dollars nor more than one hundred dollars

Section 10 All of the rights and privileges hereby granted to said grantee, may tie exer cised by any successor or successors assignee or assignees of Hie said grantee but said sue cessor or successors assignee or assignees shall be subject to all the provisions, obligations, stipulations and penalties herein prescribed

Sectiori 11 The right of the Town to impose any lawful franchise license jjroperty or any other tax upon the property arid franchise granted shall not tie deemed to be in any manner waived or abridged

Section 12 The rights and privileges hereby granted shall continue for a period of twenty five (25) years beginning upon adoption of this ordinance unless the same be, sooner volun tarily surrendered by the said grantee, with (Lie consent of the Town Council of the Town of Washington, or unless the same be sooner forfeited as provider) by law

Section 13 The Town of Washington shall have the right to forfeit the grant ot the privileges, rights and franchises herein granted in the event trie grantee shall fail to maintain its property in good order and condition throughout the term of this grant arid secure to the public efficient service at rates deemed reasonable by Hie State Corporation Commission or the body of the Commonwealth of Virginia having trie legal right to fix such rates

Section 14 This ordinance arid the rights arid privileges herein granted and conferred shall not become effective unless and until the grantee shall file with the Clerk of the Town Council of the Town of Washington Virginia and shall have entered into a bond, in the sum of $100 with security satisfactory to the Town Council of the Town of Washington. Virginia, or $100 cash m lieu of bond conditioned to the effect that trie grantee will construct and maintain or if constructed, maintain trie property provided for and reasonably necessary for the exercise of trie rights and privileges granted m arid by this ordinance, arid will maintain the same in good order throughout the term of Hus grant arid wilt comply m all respects with the terms, conditions and provisions of this ordinance

Section 15 That upon the approval of this ordinance by the Mayor of the Town of Washington it shall be the duty of the !own Clerk to cause to be ad vertised once a week, for tour successive weeks in the newspapers published m Rappahannock County, Virginia and having genera! circulation m the Town of Washington Virginia the draft of the ordinance contained in the foregoing sections and in addition he shall, by such advertisement, invite bids for the privileges arid rights proposed to be granted by the said ordinance, which bids shall be in writing arid shall be delivered to the presiding officer of the Town Council of the Town of Washington in open session at the day and hour of the next regular meeting of the said body to be held next after such advertisement is completer) which bids shall (fieri be presented to the Town Council by the said presiding officer to tie dealt with arid acted upon in the manner prescribed by law for franchise grants

Any citizen or resident of the town desiring to be heard should be present at this meeting Copies of this ad are available at the Clerk's Office in Washington, Virginia.

This notice is being run once a week for two (2) consecutive weeks as required by law, in the Rappahannock News, a newspaper published in and having general circulation in the County of Rappahannock, Virginia